Archived decisions

Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 This report considers a retrospective application to construct a weighbridge and offices at Calf Lane Quarry to support waste storage, recycling and processing uses granted for the site by way of a Certificate of Lawful Use issued by Hart District Council in 1993. There are three recommendations: the first is to grant approval, subject to conditions; the second is to set up a Liaison Panel to discuss the site and its immediate environs, including site use of Calf Lane; and the third is to authorise enforcement action relating to waste uses on land adjacent to the quarry.

2. Site, Proposal and Planning History

2.1 Retrospective planning permission is sought to install a weighbridge and associated office and mess facilities at Calf Lane Quarry, Calf Lane, Rye Common, Odiham, Hook.

2.2 Calf Lane Quarry, as shown on the attached plan, covers some 0.5 hectares. It is accessed from Calf Lane with a route that takes vehicles past residential properties in the village of Rye Common. Calf Lane, although technically a public highway, is not dissimilar to an agricultural track in appearance.

2.3 The waste sorting and recycling activities taking place within the quarry, including the proposed weighbridge and office building which have been constructed, do not create any adverse visual impact as the quarry floor is sunk some way below ground level.

2.4 On 25 May 1993 Hart District Council granted a Certificate of Lawful Development for Calf Lane Quarry for the "sorting, screening, storing, breaking, rendering, burning and processing of demolition and site clearance materials."

2.5 The Certificate of Lawful Development describes the permitted uses for the quarry as being carried out "on 3 or 4 working days each week with no more than three employees on site at any time. The use involves approximately 10 vehicle movements to and from the site each working day."

2.6 The site was granted a waste management licence in 1993 under which it operated until 2004 when the Environment Agency granted a modification to the licence. This modification, it is understood includes permitting the importation of up to 100,000 tonnes of waste per year (including fridges, asbestos, oil and batteries). The modification required engineering works, such as drainage and concrete surfacing works, to be undertaken to the quarry. These have just been completed and since the end of July 2004 the quarry has been able to accept waste in accordance with the licence modification.

2.7 It is understood that no complaints have been made over the years to the District Council relating to the quarry activities until this application for weighbridge and offices was submitted to the County Council for determination. Hart District Council is currently investigating a number of amenity complaints relating to the site.

2.8 To the south and adjacent to the site, at original ground level, the applicant is using part of an agricultural field for plant storage and waste operations, including the importation of inert waste for screening and crushing to create secondary aggregate for re-use off site.

2.9 None of the waste uses on this field have planning permission and the applicant has been told to stop importation of waste and processing operations. The applicant has been given an informal view by County Council officers that any application to regularise the current waste activities on the site would be likely to receive an officer recommendation of refusal on development plan policy, amenity and highway grounds.

2.10 The applicant has for many years operated and continues to operate an agricultural and demolition company which is administered from the main established offices and vehicle parking area at Southern Way, Rye Common, less than a mile from the application site on the western edge of the village of Rye Common. The activities at the quarry and on land adjacent are ancillary to this business.

2.11 The applicant states that he has patched the potholes in Calf Lane and kept it in a reasonable condition at no expense to others for many years.

3. Development Plan

3.1 The key policies relating against which this application will be determined are summarised below and attached in full as an appendix to this report:

(i) Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policies MW1 and MW2 (hierarchy of waste management process and need for waste facilities).

(ii) Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) - Policy 46 (policy criteria for waste recycling proposals).

4. Consultees

4.1 The local Member, Councillor Mrs Leversha, states that she has received objections from local residents to the application and requests that the application be dealt with by the Regulatory Committee. Councillor Mrs Leversha adds that residents have serious concerns about the volume of traffic movements, importation of asbestos and oil and the need for an environmental assessment. The use of adjacent land for waste and other uses is also believed to be visible from two footpaths. Councillor Mrs Leversha requests accident figures for this part of the A287 over the past three years.

4.2 Odiham Parish Council objects to the application on grounds of traffic intensification/road safety; environmental impact and loss of amenity.

4.3 It adds that Calf Lane is a narrow `dirt track' lane, "wholly unsuitable for lorries carrying large loads, and the anticipated volume of heavy traffic using the A287 to access the site gives real cause for concern with regards to road safety." The Parish Council states that it understands the Environment Agency have granted a licence to the applicant which will allow 100,000 tonnes of waste material (including asbestos, oil and fridges) to be processed through this facility - the Parish Council would expect an Environmental Impact Assessment to be carried out and a report issued prior to consideration of the application. The Parish Council also states that it considers it unacceptable that it was not consulted by the Environment Agency on the recent waste licence .

4.4 Hart District Council raises no objections to the application.

4.5 Environment Agency Southern raises no objection to the proposal.

4.6 Environment Agency South East - comments awaited.

4.7 Blackbushe Airport raises no objection as long as only inert waste is processed.

4.8 Defence Estates Safeguarding has no comments.

4.9 TAG Aviation UK Limited has no comments.

4.10 RJI Planning (Airport Safeguarding) - comments awaited.

4.11 The Environmental Health Officer at Hart District Council comments that:

(i) he is busy investigating complaints of noise and dust nuisance from local residents;

(ii) the activities have been moved out of the chalk pit onto land adjacent to the pit enabling dust to escape into the area;

(iii) residents complain that vehicles are working outside the permitted operating times and are causing disturbance; and

(iv) complaints have been received concerning dust emitted from the access road to the site.

4.12 The Highways Adviser has the following comments:

(i) Calf Lane itself, although an adopted public highway, is in a poor state of repair and appears to be deteriorating due to heavy goods vehicle (HGV) use relating to the site. It is noted that Calf Lane is a single track road with little opportunity for vehicles to pass. It is also noted that to the south of the site the condition and width of the road deteriorates even further and the network to which it connects is considered inadequate to accommodate large numbers of HGVs. Even without any future proposal that may come about on adjacent land, Calf Lane is not adequate in highway terms.

(ii) Any future application that may be submitted to regularise the unauthorised waste activities currently ongoing on adjacent land would be likely to receive an objection on highway grounds.

(iii) An assessment of the roads accessing the site from the A287 has concluded that they are generally rural in nature and, if there was not the current level of traffic activity permitted for the quarry, they would be considered to be inadequate in highway terms to serve a development of this nature. Neither of the roads serving Rye Common is wide enough to accommodate the two-way flow of vehicles, particularly HGVs, and although visibility is good in both directions at each junction, the layout and width is such that conflict is likely to occur if vehicles are both turning in and out at the same time.

(iv) There have been five reported injury accidents at these two junctions in the last three years but none involving HGVs. However traffic flows and speeds on the A287 are reasonable for a road of this type, which is also a local lorry route.

(v) Had the opportunity been given, the highway adviser would have objected to the use of the site for the operations which are in existence but the use is lawfully established and the weighbridge on its own is not likely to generate additional traffic.

(vi) In conclusion he advises that the highway authority is unable to raise objection to the current weighbridge and office application on highway grounds. However he is still reviewing the options to secure improvements to the surface condition of Calf Lane to try and mitigate against the current noise nuisance created by the site lorries to local residents living nearby.

5. Representations

5.1 One letter of support has been received to the application stating the weighbridge will be very useful for the agricultural needs in the area: 17 individual sources of objection have been received to the application, including a letter signed by Nos 1, 2, 3 and 4 Little Rye Cottages. Objections have been raised on the following grounds:

(i) the dramatic increase in traffic, particularly with a garden centre moving into farm buildings at Rye Common and the new Dogmersfield Park Hotel;

(ii) the visual impact of the change of use from storage of building materials to crushing plant, and waste recycling;

(iii) the dust and noise from lorries accessing the quarry about which residents of Little Rye Farm cottage have complained for years;

(iv) the smoke pollution from the burning of rubbish;

(v) the speed of traffic on the A287. There is an accident record in the locality and currently no road markings to show priorities on the two lanes leading from it. The highway safety issues regarding the A287 were the subject of letters to the County Council and others in 1999. Indeed Painshill Farm on the A287 opposite Calf Lane was refused permission for a house because Hart District Council viewed it unsafe in highway terms;

(vi) Calf Lane is a single track lane not suitable for HGVs. It is used by walkers, horse riders, joggers, cyclists and children whose safety should be considered. It contains gas and water mains which may be damaged by heavy lorries. The drainage system on Calf Lane has been destroyed by lorries. The surface is not sealed and there are potholes creating further noise and dust problems;

(vii) increase in tonnage will permanently change the character of the area. The 1993 licence permitted 50 tonnes per day over a four day working weeks between 0700 and 1800 hours or 10,400 tonnes per year. The June 2004 licence allows up to 100,000 tonnes over a six day week with no time restrictions and emergency powers to operate on Sunday and bank holidays;

(viii) the application is retrospective. There has been no consideration of the statutory process, and no assessment of potential contamination from types of materials to be processed, including asbestos and impact on people and wildlife;

(ix) the unauthorised use of adjacent field by Comleys; and

(x) the application should be turned down until a detailed public consultation has taken place.

6. Chief Planning Adviser's Comments

6.1 The main issues raised by this retrospective application is whether there is a need for an office block, mess facilities and a weighbridge on the site as ancillary uses in support of the uses granted by way of the Certificate of Lawful Use issued by the District Council.

6.2 It is considered good practice to have a weighbridge, offices and messrooms on a waste site so that loads can be recorded. It is therefore recommended that planning permission for the weighbridge and offices be granted, subject to a condition restricting its use by vehicles only associated with the use permitted by the Certificate of Lawful Use granted by Hart District Council in 1993.

6.3 However, it is acknowledged that the submission of this application has raised many issues relating to the Certificate of Lawful Use and the current Waste Management Licence granted for the site, as well as highway and amenity issues relating to Calf Lane, the A287 and the surrounding road network. Likewise, many issues have been raised relating to the unauthorised waste use of adjacent land by the applicant. However these issues, whilst important, are outside the scope of this application.

6.4 Nevertheless, these concerns are being taken extremely seriously and officers are currently investigating matters relating to the highway network and Calf Lane, and planning matters raised by the Certificate of Lawful Use issued by Hart District Council for the quarry in 1993.

6.5 In view of the complexity of the issues raised by the application and concerns of local residents about the site, it is suggested that it would be useful to all parties concerned for the County Council to set up a Liaison Panel for the site and its immediate surroundings so that issues relating to the operation of the site can be progressed and discussed.

6.6 With regard to the use of land south of the quarry, this is outside the site of the Certificate of Lawful Use and is unauthorised. The applicant has been told to cease importation and to clear this area. The applicant has ceased importation, however it is recommended to authorise enforcement action if this becomes necessary to secure cessation of the unauthorised use of this land.

Recommendations

1. That planning permission in respect of installation of weighbridge, erection of weighbridge office with toilet and welfare facilities at Calf Lane Quarry, Calf Lane, Rye Common, Odiham (04/01382/CMA) be granted for the following reason and subject to the following condition:

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan (summary attached) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Condition

The development shall be carried out only in accordance with the details submitted in Application No 04/01382/CMA dated 10 June 2004 as subsequently amended by the applicant's letter dated 30 July 2004 and Drawing No 235C101, and shall be ancillary to the development permitted by way of the Certificate of Lawful Development No HDC/22612/CLE dated 25 May 1993.

Reason: To enable the Waste Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area.

2. That a Liaison Panel be set up to address environmental issues relating to the site and its immediate surroundings. This Panel should include Hart District Council and the Environment Agency.

3. To authorise the taking of enforcement action, including the serving of enforcement notices if necessary, to secure the cessation of waste uses on land adjacent to Calf Lane Quarry.

8887/JD

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and

(ii) the proposed site is located close to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iii) the proposed site is located:

(a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

(b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

(c) at a waste disposal landfill or landraising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety; and

(vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.